SOL-NC-15-00015_-_SOL_Clauses_-_Regulatory_Analytical_and_Evaluation_Support-.pdf

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Regulatory, Analytical, and Evaluation Support Ser Federal contract opportunity
Solicitation number
SOL-NC-15-00015
Issued by
Environmental Protection Agency Research Triangle Park Procurement Operations Division

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SOL-NC-15-00015 - SOL Clauses - Regulatory Analytical and Evaluation Support

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SOL-NC-15-00015

TOC Page - 1 of 5

TABLE OF CONTENTS

SOLICITATION, OFFER AND AWARD ........................................Page 1

PART I - THE SCHEDULE..............................................Page B-1

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS.....................Page B-1

B.1 LEVEL OF EFFORT--COST REIMBURSEMENT TERM CONTRACT (EPAAR 1552.211-

73) (APR 1984) DEVIATION..................................Page B-1

B.2 WORK ASSIGNMENTS (EPAAR 1552.211-74) (DEC 2014) Deviation.Page B-1

B.3 ESTIMATED COST AND FIXED FEE (EP 52.216-190) (APR 1984)...Page B-3

B.4 LIMITATION OF FUNDS NOTICE (52.232-100) (APR 1984)....... Page B-3

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT.................Page C-1

C.1 STATEMENT OF WORK -- CONTRACTS WHERE WORK IS ORDERED BY WORK

ASSIGNMENT OR DELIVERY ORDERS (EP 52.210-110) (APR 1984)..Page C-1

C.2 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL (EP 52.210-120)

(APR 1984)................................................Page C-1

C.3 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES MANAGEMENT

(EPAAR 1552.211-79) (JUL 2013)............................Page C-1

C.4 ACQUISITION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND

SERVICES (EP-S 97-1) (MAY 1999)...........................Page C-2

SECTION D - PACKAGING AND MARKING.....................................Page D-1

[For this Solicitation, there are NO clauses in this Section]...Page D-1

SECTION E - INSPECTION AND ACCEPTANCE.................................Page E-1

E.1 NOTICE Listing Contract Clauses Incorporated by Reference.Page E-1

E.2 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FAR 52.246-11) (DEC

2014).....................................................Page E-1

E.3 INSPECTION AND ACCEPTANCE.................................Page E-4

SECTION F - DELIVERIES OR PERFORMANCE.................................Page F-1

F.1 NOTICE Listing Contract Clauses Incorporated by Reference.Page F-1

F.2 REPORTS OF WORK (EPAAR 1552.211-70) (OCT 2000)............Page F-1

F.3 MANAGEMENT CONSULTING SERVICES(EPAAR 1552.210-78)(APR 1985)Page F-1

F.4 WORKING FILES (EPAAR 1552.211-75) (APR 1984)..............Page F-1

F.5 PERIOD OF PERFORMANCE (EP 52.212-140) (APR 1984)..........Page F-1

SECTION G - CONTRACT ADMINISTRATION DATA..............................Page G-1

G.1 PAYMENT OF FEE (EPAAR 1552.216-74) (MAY 1991).............Page G-1

G.2 SUBMISSION OF INVOICES (EPAAR 1552.232-70) (JUN 1996) DEVIATION

..........................................................Page G-1

G.3 INDIRECT COSTS (EPAAR 1552.242-70) (APR 1984) DEVIATION...Page G-2

G.4 CONTRACT ADMINISTRATION REPRESENTATIVES (EP 52.242-100) (AUG 1984)

..........................................................Page G-4

G.5 SUBCONTRACT CONSENT (EP 52.244-100) (APR 1984)............Page G-4

G.6 GOVERNMENT-FURNISHED DATA (EPAAR 1552.245-71) (SEPT 2009).Page G-5

G.7 GOVERNMENT PROPERTY (EPAAR 1552.245-70) (SEP 2009)........Page G-5

G.8 DESIGNATION OF PROPERTY ADMINISTRATOR (EP 52.245-140) (SEP 1994)

.........................................................Page G-11

G.9 ANNUAL SUMMARY REPORT FORMAT (RTP-G-4)...................Page G-11

TOC Page - 2 of 5

SECTION H - SPECIAL CONTRACT REQUIREMENTS.............................Page H-1

H.1 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER (EPAAR

1552.203-71) (AUG 2000)...................................Page H-1

H.2 PRINTING (EPAAR 1552.208-70) (SEPT 2012).................Page H-1

H.3 ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71) (MAY

1994) ALTERNATE I (MAY 1994)..............................Page H-3

H.4 CONTRACTOR PERFORMANCE EVALUATIONS (EPAAR 1552.242-71) (Oct

2011).....................................................Page H-4

H.5 OPTION TO EXTEND THE TERM OF THE CONTRACT--COST-TYPE CONTRACT

(EPAAR 1552.217-71) (APR 1984) DEVIATION..................Page H-4

H.6 OPTION FOR INCREASED QUANTITY--COST-TYPE CONTRACT (EPAAR 1552.217-

73) (JUN 1997)............................................Page H-5

H.7 CONTRACTOR ACCESS TO EPA COMPUTERS (52.239-101)...........Page H-6

H.8 UTILIZATION OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES Page H-6

H.9 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT (EPAAR 1552.227-76)

(MAY 1994)................................................Page H-7

H.10 INSURANCE LIABILITY TO THIRD PERSONS (EPAAR 1552.228-70) (OCT

2000).....................................................Page H-8

H.11 INSURANCE COVERAGE........................................Page H-8

H.12 SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY

(EPAAR 1552.235-70) (APR 1984)............................Page H-8

H.13 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-71)

(APR 1984)...............................................Page H-10

H.14 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION (EPAAR

1552.235-79) (APR 1996)..................................Page H-10

H.15 ACCESS TO CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-80)

(OCT 2000)...............................................Page H-12

H.16 CONTRACT PUBLICATION REVIEW PROCEDURES (EPAAR 1552.237-70) (APR

1984)....................................................Page H-12

H.17 TECHNICAL DIRECTION (EPAAR 1552.237-71) (AUG 2009).......Page H-13

H.18 EPA GREEN MEETINGS AND CONFERENCES (EPAAR 1552.223-71) (MAR 2015)

.........................................................Page H-15

H.19 PAPERWORK REDUCTION ACT (EPAAR 1552.237-75) (APR 1984)...Page H-17

H.20 GOVERNMENT - CONTRACTOR RELATIONS (JUN 99) (EPAAR 1552.237-76)

(JUN 1999)...............................................Page H-17

H.21 REHABILITATION ACT NOTICE (EPAAR 1552.239-70) (OCT 2000).Page H-19

H.22 FABRICATION OR ACQUISITION OF NONEXPENDABLE PROPERTY

(EPAAR 1552.245-72)(APR 1984)............................Page H-19

H.23 IDENTIFICATION OF ON-SITE CONTRACTOR EMPLOYEES (LOCAL LRT-01-01)

(DEC 2001)...............................................Page H-20

H.24 SPECIAL REPORTING REQUIREMENT: REGULATORY ASSISTANCE (LOCAL LRT-

04-03) (DEC 2001)........................................Page H-20

H.25 EPA SURVEY MANAGEMENT HANDBOOK(LOCAL LRT-11-09)(DEC 2001)Page H-21

H.26 EPA SPONSORED MEETINGS, WORKSHOPS, CONFERENCES (LOCAL LRT-31-16)

(DEC 2001)...............................................Page H-21

H.27 IDENTIFICATION OF SUBCONTRACTORS (LOCAL LRT-44-23) (DEC 2001).Page

H-21

H.28 OBTAINING ACCESS TO PROPRIETARY INFORMATION(FAR 9.505-4) Page H-22

H.29 APPLICATION OF RIGHTS IN DATA— CLAUSE (LOCAL LRT-27-14)..Page H-22

H.30 PLACE OF CONTRACT PERFORMANCE (RTP-F-1)..................Page H-22

H.31 SUBCONTRACTOR-KEY PERSONNEL (LOCAL LRT-44-24) (DEC 2001) Page H-22

TOC Page - 3 of 5

H.32 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON ENVIRONMENTAL

PROTECTION AGENCY (EPA) CONTRACT (EPA-H-07-103)..........Page H-23

H.33 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (EPA-H-03-101).......Page H-24

H.34 KEY PERSONNEL (EPAAR 1552.237-72) (APR 1994) ............Page H-25

H.35 UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

(EPA-H-42-102) ................................ .........Page H-26

PART II - CONTRACT CLAUSES..........................................Page I-1

SECTION I - CONTRACT CLAUSES..........................................Page I-1

I.1 NOTICE Listing Contract Clauses Incorporated by Reference.Page I-1

I.2 Notification of Ownership Changes (FAR 52.215-19) (Oct 1997)Page

I-3

I.3 Requirements for Certified Cost or Pricing Data and Data Other

Than Certified Cost or Pricing Data -- Modifications (FAR 52.215-

21) (Oct 2010)............................................Page I-4

I.4 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FAR 52.219-28)

(JUL 2013)................................................Page I-6

I.5 PROHIBITION OF SEGREGATED FACILITIES (FAR 52.222-21) (FEB 1999)

..........................................................Page I-8

I.6 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999).......Page I-8

I.7 Continuity of Services (FAR 52.237-3) (Jan 1991)......... Page I-8

I.8 Production Progress Reports (FAR 52.242-2) (Apr 1991).....Page I-9

I.9 Competition in Subcontracting (FAR 52.244-5) (Dec 1996)...Page I-9

I.10 SUBCONTRACTS FOR COMMERCIAL ITEMS(FAR 52.244-6)(MAR 2015)Page I-10

I.11 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006) (FAR

52.247-67) (FEB 2006)..... ..... ..... ................. Page I-11

I.12 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6)(APR 1984)Page I-12

I.13 CLAUSES INCORPORATED BY REFERENCE(FAR 52.252-2)(FEB 1998)Page I-12

I.14 PAYMENT FOR OVERTIME PREMIUMS (FAR 52.222-2) (JUL 1990)..Page I-12

I.15 STATE AND LOCAL TAXES (FAR 52.229-1 (APR 1984)..........Page I-13

I.16 SUBCONTRACTS (FAR 52.244-2) (OCT 2010) ALT 1 (JUN 2007).Page I-13

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS........Page J-1

SECTION J - LIST OF ATTACHMENTS.......................................Page J-1

PART IV - REPRESENTATIONS AND INSTRUCTIONS..........................Page K-1

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

................................................................Page K-1

K.1 TAXPAYER IDENTIFICATION (FAR 52.204-3) (OCT 1998).........Page K-1

K.2 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-8) (DEC

2014).....................................................Page K-2

K.3 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION (EPAAR 1552.209-

72) (APR 1984)............................................Page K-6

K.4 SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE

PROPRIETORS AND PRIVACY ACT STATEMENT (EPAAR 1552.224-70) (APR

1984).....................................................Page K-7

TOC Page - 4 of 5

K.5 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)...

.........................................................Page K-7

K.6 SIGNATURE BLOCK (EP 52.299-900) (APR 1984)...............Page K-11

K.7 CONGRESSIONAL DISTRICT/DUN AND BRADSTREET NUMBER(RTP-K-1)Page K-11

K.8 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2005)_ (FAR 52.203-11) (SEP

2007)....................................................Page K-12

K.9 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION

EPA-K-03-101)............................................Page K-12

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS.........Page L-1

L.1 NOTICE Listing Contract Clauses Incorporated by Reference.Page L-1

L.2 FACILITIES CAPITAL COST OF MONEY (FAR 52.215-16)(JUN 2003)Page L-1

L.3 Requirements for Certified Cost or Pricing Data and Data Other

Than Certified Cost or Pricing Data, Alternate IV (FAR 52.215-20)(OCT

2010)...........................................................Page L-1 L.4 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)................Page L-2

L.5 SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006)..............Page L-2

L.6 IDENTIFICATION OF UNCOMPENSATED OVERTIME (FAR 52.237-10) (MAR

2015).....................................................Page L-2

L.7 AUTHORIZED DEVIATIONS IN PROVISIONS(FAR 52.252-5)(APR 1984) Page L-3

L.8 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION (EPAAR 1552.209-

70) (APR 1984)............................................Page L-3

L.9 PROPOSED CONTRACT START DATE--LEVEL OF EFFORT CONTRACT (EP 52.212-

180) (AUG 1984)...........................................Page L-4

L.10 INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS (EPAAR 1552.215-72)

(AUG 1999)................................................Page L-4

L.11 GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (EPAAR 1552.215-

73) (AUG 1999)...........................................Page L-14

L.12 PAST PERFORMANCE INFORMATION(EPAAR 1552.215-75)(OCT 2000)Page L-18

L.13 TECHNICAL QUESTIONS (EP 52.215-110) (APR 1984)...........Page L-20

L.14 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE GOVERNMENT FOR

AUDIT (EP 52.215-115) (MAR 1989).........................Page L-21

L.15 DEFINITION OF LABOR CLASSIFICATIONS (EP 52.215-120) (FEB 1985)Page

L-21

L.16 EVALUATION OF OTHER DIRECT COSTS(EP 52.215-130)(APR 1984)Page L-24

L.17 PROCEDURES FOR PARTICIPATION IN THE EPA MENTOR-PROTEGE PROGRAM

(EPAAR 1552.219-71) (OCT 2000)...........................Page L-26

L.18 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1)

(FEB 1998)...............................................Page L-29

L.19 IDENTIFICATION OF SET-ASIDE/8A PROGRAM APPLICABILITY (EP 52.219-

100) (FEB 1991)..........................................Page L-29

L.20 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS (EPAAR 1552.233-

70) (JUL 1999)...........................................Page L-29

L.21 USE OF DOUBLE-SIDED COPYING IN SUBMISSION OF PROPOSALS (EP

52.210-155) (JUL

1990)...............................................Page L-30

L.22 MINIMUM STANDARDS FOR EPA CONTRACTORS' CONFLICT OF INTEREST PLANS

.........................................................Page L-30

L.23 SUBMISSION OF ORGANIZATIONAL CONFLICT OF INTEREST PLAN...Page L-33

L.24 INSTRUCTIONS FOR THE PREPARATION OF A QUALITY MANAGEMENT PLAN

.. ......................................................Page L-33

TOC Page - 5 of 5

L.25 ELECTRONIC SUBMISSION OF PROPROSALS/BIDS/OFFERS/QUOTES...Page L-34

SECTION M - EVALUATION FACTORS FOR AWARD..............................Page M-1

M.1 EPA SOURCE EVALUATION AND SELECTION PROCEDURES--NEGOTIATED

PROCUREMENTS (EPAAR 1552.215-70) (AUG 1999)...............Page M-1

M.2 EVALUATION FACTORS FOR AWARD (EPAAR 1552.215-71) (AUG 1999)Page M-

M.3 EVALUATION OF CONTRACT OPTIONS (EPAAR 1552.217-70) (APR 1984).Page

M-5

M.4 EVALUATION OF CONFLICT OF INTEREST PLAN (LRT-09-07).......Page M-5

STATEMENT OF WORK.................................................Attachment 1

REPORTS OF WORK...................................................Attachment 2

INVOICE PREPARATION...............................................Attachment 3

CLIENT AUTHORIZATION LETTER.......................................Attachment 4

PAST PERFORMANCE QUESTIONAIRRE....................................Attachment 5

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

Section B

Supplies or Services and Prices/Costs

Page B-1 of 4

B.1 LEVEL OF EFFORT--COST REIMBURSEMENT TERM CONTRACT (EPAAR 1552.211-73)

(APR 1984) DEVIATION

(a) The Contractor shall perform all work and provide all required reports within the level of effort specified below. The Government will order 13,000 direct labor hours for the base period which represents the Government's best estimate of the level of effort required to fulfill these requirements.

(b) Direct labor includes personnel such as engineers, scientists, draftsmen, technicians, statisticians, and programmers and not support personnel such as company management, typists, and key punch operators even though such support personnel are normally treated as direct labor by the

Contractor. The level of effort specified in paragraph (a) includes

Contractor, subcontractor, and consultant labor hours.

(c) Under any circumstances, if the Government orders or the Contractor provides less than 90 percent of the level of effort specified for the base period or any optional period exercised, an equitable downward adjustment of the fixed fee, if any, for that period will be made. The Government may require the Contractor to provide additional effort up to 110 percent of the level of effort for any period until the estimated cost for that period has been reached. However, this additional effort shall not result in any increase in the fixed fee, if any. If this is a cost-plus-incentive-fee

(CPIF) contract, the term "fee" in this paragraph means "base fee and incentive fee." If this is a cost-plus-award-fee (CPAF) contract, the term

"fee" in this paragraph means "base fee and award fee."

(d) If the level of effort specified to be ordered during a given base or option period is not ordered during that period, that level of effort may not be accumulated and ordered during a subsequent period.

(e) These terms and conditions do not supersede the requirements of either the "Limitation of Cost" or "Limitation of Funds" clauses.

B.2 WORK ASSIGNMENTS (EPAAR 1552.211-74) (DEC 2014) DEVIATION

(a) The contractor shall perform work under this contract as specified in written work assignments issued by the Contracting Officer.

(b) Each work assignment may include (1) a numerical designation, (2) approved workplan labor hours or an estimated initial level of effort provided in accordance with 1511.011-74, (3) the period of performance and schedule of deliverables, and (4) the description of the work.

(c) The contractor shall acknowledge receipt of each work assignment by returning to the Contracting Officer a signed copy of the work assignment within 5 calendar days after its receipt. The contractor shall begin work immediately upon receipt of a work assignment. Within 20 calendar days after the effective date of the work assignment, the contractor shall submit one copy of a work plan to the Project Officer, the Work Assignment Manager, and the Contracting Officer. The work plan shall include a detailed technical and staffing plan and a detailed cost estimate, as well as the Conflict of

Page B-2 of 4

Interest certification required elsewhere in this contract. Within 45 days after receipt of the work plan, the Contracting Officer will provide written approval or disapproval of it to the contractor. If the Contractor has not received approval on a work plan within 65 days after the effective date of the work assignment, the contractor shall immediately stop work on the work assignment. If the Contracting Officer disapproves the work plan, the contractor shall immediately stop work until the problem causing disapproval is resolved. In either case, the contractor shall resume work only when the

Contracting Officer finally approves the work plan or provides alternate direction.

(d) The contractor shall perform within the level of effort/labor hours authorized in the work assignment by the Contracting Officer and shall not perform additional level of effort/labor hours without the advance written authorization of the Contracting Officer. The Government is not obliged to reimburse the Contractor for unauthorized level of effort/labor hours.

(e) The contractor shall perform work within the period of performance authorized in the work assignment and shall not continue performance beyond the specified period without the advance written approval of the Contracting

Officer. The Government is not obligated to reimburse the contractor for level of effort/hours performed beyond the authorized period of performance.

(f) The contractor shall notify the Contracting Officer, Project Officer and Work Assignment Manager in writing when 75% of the authorized work assignment level of effort/hours have been expended. Fifteen days prior to the expiration of the authorized work assignment period of performance, the contractor shall notify the Contracting Officer, Project Officer, and Work

Assignment Manager whether the contractor will fully expend the authorized level of effort/labor hours within the authorized period of performance. The contractor shall not perform additional level of effort/labor hours or continue performance beyond the specified period without the advance written approval of the Contracting Officer.

(g) The contractor shall acknowledge receipt of each work assignment amendment in which the Contracting Officer requires a revised work plan by returning to the Contracting Officer a signed copy of the work assignment amendment within 5 calendar days after its receipt. The contractor shall begin/continue work immediately upon receipt of a work assignment amendment.

Within 20 calendar days after the effective date of the work assignment amendment in which the Contracting Officer requires a revised work plan, the

Contractor shall submit one copy of a revised work plan to the Project

Officer, the Work Assignment Manager, and the Contracting Officer. The revised work plan shall include the same information as required for the original work plan. Within 45 calendar days after receipt of the revised work plan, the Contracting Officer will provide written approval or disapproval of it to the Contractor. If the contractor has not received approval on the revised work plan within 65 calendar days after the effective date of the work assignment amendment, the contractor shall stop work on the revised portion of that work assignment. Also, if the Contracting Officer

Page B-3 of 4 disapproves a revised work plan, the contractor shall immediately stop work until the problem causing the disapproval is resolved. In either case, the contractor shall resume work only when the Contracting Officer finally approves the revised work plan or provides alternate direction.

(h) This clause does not change the requirements of the "Level of Effort" clause, nor the notification requirements of either the "limitation of Cost" or "Limitation of Funds" clause.

(i) Work assignments shall not allow for any change to the terms or conditions of the contract. Where any language in the work assignment may suggest a change to the contract terms or conditions, the contractor shall immediately notify the Contracting Officer.

(j) Before submitting the conflict of interest certification, the contractor shall search its records accumulated, at a minimum, over the past three years immediately prior to the receipt of the work assignment or similar tasking document. In the COI certification, the Contractor must certify to the best of the Contractor's knowledge and belief, that all actual or potential organizational conflicts of interest have been reported to the

Contracting Officer or that to the best of the Contracting's knowledge and belief, no actual or potential organizational conflicts of interest exist. In addition, the contractor must certify that its personnel who perform work under this work assignment or relating to this work assignment have been informed of their obligation to report personal and organizational conflicts of interest to the Contractor. The certification shall include a statement that the Contractor recognizes its continuing obligation to identify and report any actual or potential conflicts of interest arising during performance of this work assignment.

B.3 ESTIMATED COST AND FIXED FEE (EPA-B-16-102)

(a) The estimated cost of this contract is __TBD_____________.

(b) The fixed fee is __TBD_____________.

(c) The total estimated cost and fixed fee is __TBD_____________.

B.4 LIMITATION OF FUNDS NOTICE (EPA-B-32-101) (APR 1984)

(a) Pursuant to the Limitation of Funds clause, incremental funding in the amount of TBD is allotted to cover estimated cost. Funds in the amount of TBD are provided to cover the corresponding increment of fixed fee. The amount allotted for costs is estimated to cover the contractor's performance through

TBD.

(b) When the contract is fully funded as specified in the Estimated Cost and Fixed Fee Clause (EPA-B-16-102), the Limitation of Cost clause shall become applicable.

Page B-4 of 4

(c) Recapitulation of Funds

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Section C

Description/Specifications/Work Statement

Page C-2 of 3

C.1 STATEMENT OF WORK/Performance Work Statement/Specifications (EPA-C-10-

101)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications included in Attachment 1.

Work will be ordered against the subject Statement of

Work/Specifications through Contracting Officer issuance of work assignments.

C.2 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL (EPA-C-10-102)

Section(s) ________ of the Contractor’s technical proposal entitled, ___________, date________, is/are incorporated by reference and made a part of this contract. In the event of any inconsistency between the clauses of this contract and the Contractor's technical proposal, the contract clauses take precedence.

C.3 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES MANAGEMENT

(EPAAR 1552.211-79) (JUL 2013)

((a) Definition. Information Resources Management (IRM) is defined as any planning, budgeting, organizing, directing, training, promoting, controlling, and managing activities associated with the burden, collection, creation, use and dissemination of information. IRM includes both information itself and the management of information and related resources such as personnel, equipment, funds, and technology. Examples of these services include but are not limited to the following:

(1) The acquisition, creation, or modification of a computer program or automated data base for delivery to EPA or use by EPA or contractors operating EPA programs.

(2) The analysis of requirements for, study of the feasibility of, evaluation of alternatives for, or design and development of a computer program or automated data base for use by EPA or contractors operating EPA programs.

(3) Services that provide EPA personnel access to or use of computer or word processing equipment, software, or related services.

(4) Services that provide EPA personnel access to or use of: Data communications; electronic messaging services or capabilities; electronic bulletin boards, or other forms of electronic information dissemination;

electronic record-keeping; or any other automated information services.

Page C-3 of 3

(b) General. The Contractor shall perform any IRM-related work under this contract in accordance with the IRM policies, standards, and procedures set forth on the Office of Environmental Information policy Web site. Upon receipt of a work request (i.e. delivery order, task order, or work assignment), the Contractor shall check this listing of directives. The applicable directives for performance of the work request are those in effect on the date of issuance of the work request. The 2100 Series (2100-2199) of the Agency's Directive System contains the majority of the Agency's IRM policies, standards, and procedures.

(c) Section 508 requirements (accessibility). Contract deliverables are required to be compliant with Section 508 requirements (accessibility for people with disabilities). The Environmental Protection Agency policy for 508 compliance can be found at www.epa.gov/accessibility.

(d) Electronic access. A complete listing, including full text, of documents included in the 2100 Series of the Agency's Directive System is maintained on the EPA Public Access Server on the Internet at http://epa.gov/docs/irmpoli8/policies/index.html.

(End of clause)

C.4 ACQUISITION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES

(EP-S 97-1) (MAY 1999)

(a) Executive Order 13101 of September 14, 1998, entitled “Greening the

Government through Waste Prevention, Recycling, and Federal Acquisition” and

Section 6002 of the Resource Conservation and Recovery Act (RCRA) of 1976, as amended (42 U.S.C. 6962, Pub L. 94-580, 90 Stat. 2822) require Federal agencies to procure designated items with the highest recovered materials content practicable.

(b) In the performance of this contract, the Contractor shall comply with the requirements of the following issuances:

(1) Title 40 of the Code of Federal Regulations, Part 247, Comprehensive Guideline for Procurement of Products Containing Recovered

Materials (CPG), which designates items that are or can be made with recovered materials, and its companion pieces, the Recovered Materials

Advisory Notices (RMANs). The CPG and RMANs provide recommended procurement practices, including recommended recovered material content levels, for purchasing products designated in the CPG. The Contractor shall comply with these recommendations, and such other CPG revisions and RMANs as the

Environmental Protection Agency (EPA) may issue with respect to the procurement of products that contain recovered materials. (Copies of the CPG or RMANs, as well as information on manufacturers and vendors of designated items may be obtained by calling EPA’s RCRA Hotline at (800) 424-9346, or, in the Washington, D.C., metropolitan area, at (703) 412-9810.)

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(2) In complying with the requirements of paragraph (b), the Contractor shall coordinate its concerns and program guidance with EPA’s Recycling

Coordinator.

(c) The Contractor shall prepare and submit reports on the purchase of products containing recovered materials from time to time in accordance with written direction (e.g., in specified format) from the EPA Recycling

Coordinator through the Contracting Officer. Reports shall be submitted to the EPA Recycling Coordinator, with a copy to the Contracting Officer, Mail

Code 3204, Washington, D.C. 20460.

Section D

Packaging and Marking

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SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

Section E

Inspection and Acceptance

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE Listing Contract Clauses Incorporated by Reference

NOTICE:

The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

FAR 52.246-5 APR 1984 INSPECTION OF SERVICES--COST-REIMBURSEMENT

E.2 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FAR 52.246-11) (DEC 2014)

The Contractor shall comply with the higher-level quality standard selected below.

Title Numbering Date Tailoring

[X] Specifications and ANSI/ASQC E4 1994 See below

Guidelines for Quality

Systems for Environ-mental Data Collection and Environmental

Technology Programs

As authorized by FAR 52.246-11, the higher-level quality standard

ANSI/ASQC E4 is tailored as follows:

The solicitation and contract require the offeror/contractor to demonstrate conformance to ANSI/ASQC E4 by submitting the quality documentation described below.

In addition, after award of the contract, the Contractor shall revise, when applicable, quality documentation submitted before award to address specific comments provided by EPA and submit the revised documentation to the

Page E-2 of 4

Contracting Officer’s Representative.

After award of the contract, the Contractor shall also implement all quality documentation approved by the Government.

A. Pre-award Documentation: The offeror must submit the following quality system documentation as a separate and identifiable part of its technical proposal: (CO, select one or more)

Documentation Specifications

[X] Quality Management Plan EPA Requirements for Quality

Management Plans (QA/R-2) [dated

03/20/01]

[ ] Joint Quality Management EPA Requirements for Quality

Plan/Quality Assurance Management Plans (QA/R-2) [dated

Project Plan for the 03/20/01] and EPA Requirements for contract Quality Assurance Project Plans

(QA/R) [dated 03/20/01]

[ ] Programmatic Quality EPA Requirements for Quality

Assurance Project Plan Assurance Project Plans (QA/R-5) for the entire program [dated 03/20/01]

(contract)

[X] Other Equivalent:

Sample/real example/typical EPA Requirements for Quality

Quality Assurance Project Assurance Project Plans

Plan for environmental data/ (QA/R-5) [dated 03/20/01]

Information for the existing

Information and one for primary

Data.

This documentation will be prepared in accordance with the specifications identified above, or equivalent specifications defined by EPA, .

The offeror shall describe their plan for covering the costs associated with the required documentation. Work involving environmental data generation or use shall not commence until the Government has approved this documentation and incorporated it into the contract.

B. Post-award Documentation: The Contractor shall submit the following quality system documentation to the Contracting Officer’s Representative at the time frames identified below: (CO, select one or more)

Documentation Specification Due After

[X] Quality Management Plan EPA Requirements for Award of

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Quality Management Plans contract

(QA/R-2) [dated 03/20/01]

[ ]Joint Quality Management EPA Requirements for Award of

Plan/Quality Assurance Quality Management Plans contract

Project Plan for the (QA/R-2) [dated 03/20/01] contract and EPA Requirements for

Quality Assurance Project

Plans (QA/R-5) [dated

03/20/02]

[ ]Quality Assurance EPA Requirements for Award of

Project Plan for the Quality Assurance Project contract contract Plans (QA/R-5 [dated

03/20/01]

[ ]Programmatic Quality EPA Requirements for Award of

Assurance Project Plan Quality Assurance Project contract for the entire program Plans (QA/R-5 [dated

(contract) 03/20/01]

[X]Quality Assurance EPA Requirements for Issuance of

Project Plan for each Quality Assurance Project statement of applicable project Plans (QA/R-5 [dated work for the

03/20/01] project

[ ]Project-specific EPA Requirements for Issuance of supplement to Quality Assurance Project statement of

Programmatic Quality Plans (QA/R-5 [dated work for the

Assurance Project Plan 03/20/01] project for each applicable project.

[ ]Other Equivalent:

[ ] award of contract issuance of statement of work for

Page E-4 of 4 the project

This documentation will be prepared in accordance with the specifications identified above. The offeror shall describe their plan for covering the costs associated with the required documentation.

The Government will review and return the quality documentation, with comments, and indicating approval or disapproval. If necessary, the contractor shall revise the documentation to address all comments and shall submit the revised documentation to the government for approval.

The Contractor shall not commence work involving environmental data generation or use until the Government has approved the quality documentation.

(Note: Statement of work includes statements of work to perform projects under work assignments, task orders, delivery orders, etc.)

E.3 INSPECTION AND ACCEPTANCE EP 52.246-100 (APR 1984)

(a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

(b) For the purposes of this clause, The Project Officer is the authorized representative of the Contracting Officer.

(c) Inspection and acceptance will be performed at:

U.S. Environmental Protection Agency

Research Triangle Park, North Carolina 27711

Section F

Deliveries or Performance

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE Listing Contract Clauses Incorporated by Reference

The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

FAR 52.242-15 AUG 1989 STOP WORK ORDER ALTERNATE I (APR 1984)

F.2 REPORTS OF WORK (EPAAR 1552.211-70) (OCT 2000)

The Contractor shall prepare and deliver reports, including plans, evaluations, studies, analyses and manuals in accordance with Attachment 2.

Each report shall cite the contract number, identify the U.S. Environmental

Protection Agency as the sponsoring agency, and identify the name of the contractor preparing the report.

The OMB clearance number for progress reports delivered under this contract is 2030-0005.

F.3 MANAGEMENT CONSULTING SERVICES (EPAAR 1552.211-78) (APR 1985)

All reports containing recommendations to the Environmental Protection

Agency shall include the following information on the cover of each report:

(a) name and business address of the contractor; (b) contract number; (c) contract dollar amount; (d) whether the contract was subject to full and open competition or a sole source acquisition (e) name of the EPA Project Officer and the EPA Project Officer's office identification and location; and (f) date of report.

F.4 WORKING FILES (EPAAR 1552.211-75) (APR 1984)

The Contractor shall maintain accurate working files (by task or work assignment) on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this contract. The Contractor shall provide the information contained in its working files upon request of the

Contracting Officer.

F.5 PERIOD OF PERFORMANCE (EPA-F-12-101)

The period of performance of this contract shall be from date of award through twelve months inclusive of all required reports.

Section G

Contract Administration Data

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PAYMENT OF FEE (EPAAR 1552.216-74) (MAY 1991)

(a) The term "fee" in this clause refers to either the fixed fee under a cost-plus-fixed-fee type contract, or the base fee under a cost-plus-award-fee type contract.

(b) The Government will make provisional fee payments on the basis of percentage of work completed. Percentage of work completed is the ratio of direct labor hours performed to the direct labor hours set forth in clause

1552.211-73, "Level of Effort--Cost-Reimbursement Term Contract."

G.2 SUBMISSION OF INVOICES (EPAAR 1552.232-70) (JUN 1996) DEVIATION

In order to be considered properly submitted, an invoice or request for contract financing payment must meet the following requirements in addition to the requirements of FAR 32.905:

(a) Unless otherwise specified in the contract, an invoice or request for contract financing payment shall be submitted as an original and five copies.

The contractor shall submit the invoice or request for contract financing payment to the following offices/individuals in the contract: the original and two copies to the Accounting Operations office shown in Block 12 on the cover of the contract; two copies to the Project Officer (the Project Officer may direct one of these copies to a separate address); and one copy to the

Contracting Officer.

(b) The Contractor shall prepare its invoice or request for contract financing payment on the prescribed Government forms. Standard Forms Number

1034, Public Voucher for Purchases and Services other than Personal, shall be used by contractors to show the amount claimed for reimbursement. Standard

Form 1035, Public Voucher for Purchases and Services other than

Personal -Continuation Sheet, shall be used to furnish the necessary supporting detail or additional information required by the Contracting

Officer. The Contractor may submit self-designed forms which contain the required information.

(c)(1) The Contractor shall prepare a contract level invoice or request for contract financing payment in accordance with the invoice preparation instructions identified as a separate attachment in Section J of the contract. If contract work is authorized by individual work assignments, the invoice or request for contract financing payment shall also include a summary of the current and cumulative amounts claimed by cost element for each work assignment and for the contract total, as well as any supporting data for each work assignment as identified in the instructions.

(2) The invoice or request for contract financing payment shall include

Page G-2 of 11 current and cumulative charges by major cost element such as direct labor, overhead, travel, equipment, and other direct costs. For current costs, each major cost element shall include the appropriate supporting schedule identified in the invoice preparation instructions. Cumulative charges represent the net sum of current charges by cost element for the contract period.

(d)(1) The charges for subcontracts shall be further detailed in a supporting schedule showing the major cost elements for each subcontract.

(d)(2) On a case-by-case basis, when needed to verify the reasonableness of subcontractor costs, the Contracting Officer may require that the contractor obtain from the subcontractor cost information in the detail set forth in (c)(2). This information should be obtained through a means which maintains subcontractor confidentiality (for example, via sealed envelopes), if the subcontractor expresses CBI concerns.

(e) Invoices or requests for contract financing payment must clearly indicate the period of performance for which payment is requested. Separate invoices or requests for contract financing payment are required for charges applicable to the basic contract and each option period.

(f)(1) Notwithstanding the provisions of the clause of this contract at

FAR 52.216-7, Allowable Cost and Payment, invoices or requests for contract financing payment shall be submitted once per month unless there has been a demonstrated need and Contracting Officer approval for more frequent billings. When submitted on a monthly basis, the period covered by invoices or requests for contractor financing payments shall be the same as the period for monthly progress reports required under this contract.

(2) If the Contracting Officer allows submissions more frequently than monthly, one submittal each month shall have the same ending period of performance as the monthly progress report.

(3) Where cumulative amounts on the monthly progress report differ from the aggregate amounts claimed in the invoice(s) or request(s) for contract financing payments covering the same period, the contractor shall provide a reconciliation of the difference as part of the payment request.

G.3 INDIRECT COSTS (EPAAR 1552.242-70) (APR 1984) DEVIATION

(a) In accordance with paragraph (d) of the "Allowable Cost and Payment" clause, the final indirect cost rates applicable to this contract shall be established between the Contractor and the appropriate Government representative (EPA, other Government agency, or auditor), as provided by FAR

42.703-1(a). EPA's procedures require a Contracting Officer determination of indirect cost rates for its contracts. In those cases where EPA is the cognizant agency (see FAR 42.705-1), the final rate proposal shall be submitted to the cognizant audit activity and to the following:

Environmental Protection Agency

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Chief, Cost and Rate Negotiation Service Center

Office of Acquisition Management (3802R)

William Jefferson Clinton Federal Building

1200 Pennsylvania Avenue, N.W.

Washington, D. C. 20460

The Contractor shall also follow the notification and cost impact procedures prescribed in paragraph (b) below.

Where EPA is not the cognizant agency, the final rate proposal shall be submitted to the above-cited address, to the cognizant audit agency, and to the designated Contracting Officer of the cognizant agency. Upon establishment of the final indirect cost rates, the Contractor shall submit an executed Certificate of Current Cost or Pricing Data (see FAR 15.406-2) applicable to the data furnished in connection with the final rates to the cognizant audit agency. The final rates shall be contained in a written understanding between the Contractor and the appropriate Government representative. Pursuant to the "Allowable Cost and Payment" clause, the allowable indirect costs under this contract shall be obtained by applying the final agreed upon rate(s) to the appropriate bases.

(b) Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the appropriate Government representative in accordance with FAR 42.704, by means of a separate indirect cost rate agreement or a contract modification subject to adjustment when the final rates are established. The established billing rates are currently as follows:

Cost Center

Period

Rate

Base

These billing rates may be prospectively or retroactively revised by mutual agreement, at the request of either the Government or the Contractor, to prevent substantial overpayment or underpayment.

(1) For any retroactive indirect cost rate adjustments (i.e.,indirect costs already billed), including final indirect cost rate adjustments, the

Contractor shall provide to the Cost Policy and Rate Negotiation Section, with copies to the current EPA Contracting Officers of active contracts, a cost impact statement showing the effect of the indirect cost rate changes for each contract. This statement shall compare the cost billed to the cost the Contractor proposes to bill.

(2) For prospective indirect cost rate adjustments only, the Contractor shall notify the current EPA Contracting Officers of the new proposed rates when it proposes rates to the Cost Policy and Rate Negotiation Section.

(3) For either prospective or retroactive indirect cost rate adjustments, the Contractor shall provide the Cost Policy and Rate

Negotiation Section with the names of the current EPA Contracting Officers for the affected contracts.

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(c) Notwithstanding the provisions of paragraphs (a) and (b) above, ceilings are hereby established on indirect costs reimbursable under this contract. The Government shall not be obligated to pay the Contractor any additional amount on account of indirect costs in excess of the ceiling rates listed below:

Cost Center

Period

Rate

Base

The ceiling rates specified above are applicable from the effective date of the contract through the end of the period of performance including any option periods.

G.4 CONTRACT ADMINISTRATION REPRESENTATIVES (EPA-G-42-101)

Contract-Level Contracting Officer Representatives (CORs)/Project Officers for this contract are as follows:

COR/Project Officer(s) for this contract:

Project Officer:

TO BE IDENTIFIED AT TIME OF CONTRACT AWARD

Alternate COR/Project Officer:

Contracting Officials responsible for administering this contract are as follows:

Administrative Contracting Officer:

Contract Specialist:

G.5 SUBCONTRACT CONSENT EP 52.244-100 (APR 1984)

The Contractor shall submit the information required by the "Subcontracts," clause to the Contracting Officer and assigned Project Officer. The

Contracting Officer will provide written notice to the Contractor of his

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Consent is given to issue the following subcontracts:

*NOTE: THE CONTRACTOR SHALL SUBMIT THE SUBCONTRACT AGREEMENT WITH

APPROPRIATE FLOW DOWN CLAUSES AND THE NEGOTIATION MEMORANDUM TO THE

CONTRACTING OFFICER BEFORE ENTERING INTO ANY WORK WITH THE BELOW LISTED

SUBCONTRACTORS.

Level of

Effort

Subcontract

Value

Subcontract

Type

Subcontractor TBD TBD TBD

G.6 GOVERNMENT-FURNISHED DATA (EPAAR 1552.245-71) (SEPT 2009)

(a) The Government shall deliver to the Contractor the Government-furnished data described in the contract. If the data, suitable for its intended use, is not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the “Changes” clause when:

(1) The Contractor submits a timely written request for an equitable adjustment; and

(2) The facts warrant an equitable adjustment.

(b) Title to Government-furnished data shall remain in the Government.

(c) The Contractor shall use the Government-furnished data only in connection with this contract.

(d) The data will be furnished to the Contractor as specified in the work assignment.

G.7 GOVERNMENT PROPERTY (EPAAR 1552.245-70) (SEP 2009)

(a) The contractor shall not fabricate or acquire, on behalf of the

Government, either directly or indirectly through a subcontract, any item of property without prior written approval from the Contracting Officer. If the

Contracting Officer authorizes the contractor to acquire and/or fabricate equipment for use in the performance of this contract, the equipment shall be subject to the provisions of the ''Government Property'' clause and listed on the contract via contract modification.

(b) If the Government provides item(s) of Government property to the contractor for use in the performance of this contract, this property shall be used and maintained by the contractor in accordance with the provisions of the ''Government Property'' clause.

The ''EPA Contract Property Administration Requirements'' provided below apply to this contract.

U.S. Environmental Protection Agency

Contract Property Administration Requirements

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1. Purpose. This document sets forth the requirements for the U.S.

Environmental Protection Agency (EPA) contractors performing Government property management responsibilities under EPA contracts. These requirements supplement those contained in the Government Property clause(s) and Part 45

Government Property of the Federal Acquisition Regulation (FAR).

2. Contract Property Administration (CPAR)

a. EPA Delegation. EPA delegates all contract property administration to the EPA Contract Property Coordinator (CPC). The delegations apply to all

EPA contracts issued with or that have the potential to receive, purchase or acquire Government Property or include the Government Property clauses. In addition to administering all contract property, the CPC provides technical expertise and assistance to the Contracting Officer (CO) and Contracting

Officer Technical Representative (COTR) relative to Government Property.

b. DCMA Re-delegation. The CPC may request support for contract property management oversight, including property administration and plant clearance, from the Defense Contract Management Agency (DCMA). If DCMA agrees to provide support, DCMA will notify the contractor of the assigned property administrator (PA) and plant clearance officer (PLCO). The DCMA PA is available to the contractor for assistance in all matters of property administration.

Notwithstanding the delegation, as necessary, the contractor may contact the EPA CO. In the event of a disagreement between the contractor and the DCMA PA, the contractor should seek resolution from the CO. Unless, otherwise directed in the contract, or this document, all originals of written information or reports, except direct correspondence between the contractor and the DCMA PA, relative to Government property, should be forwarded to the administrative CO assigned to this contract and the CPC.

c. Disagreements. Notwithstanding the delegation (s), as necessary, the contractor may contact the CO. In the event of a disagreement between the contractor and the PA or the CPC the contractor should seek resolution from the CO.

3. Requests for Government Property.

In accordance with FAR 45.102, the contractor shall furnish all property required for performing Government contracts. If a contractor believes that Government property is required for performance of the contract, the contractor shall submit a written request to the CO. At a minimum, the request shall contain the following elements:

a. Contract number for which the property is required.

b. An item(s) description, quantity and estimated cost.

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c. Certification that no like contractor property exists which could be utilized.

d.

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